Government of Bihar has introduced The Bihar Prohibition and Excise (Amendment) Bill, 2022 for expediting trials under the Act, and shift focus from persons consuming alcohol to illegal suppliers and traders of liquor.
The Bill seeks to amend the Bihar Prohibition and Excise Act, 2016. The Act enforces the complete prohibition of liquor and intoxicants in Bihar. The Bill seeks to expedite trials under the Act, and shift focus from persons consuming alcohol to illegal suppliers and traders of liquor.
The Bihar Prohibition and Excise (Amendment) Bill, 2022 seeks to amend the 2016 Act. As per the Statement of Objects and Reasons, the Bill is being brought to expedite trial in the courts and to focus on punishing illegal suppliers and traders of liquor, instead of persons consuming it.
Key Features
- The Act specifies the punishment for consumption of liquor. The Bill instead empowers the state government to prescribe certain penalties for this category of offences.
- Offences under the Act are tried by a Sessions or Special Court. The Bill provides for trial of: (i) consumption of liquor by Executive Magistrates, and (ii) all other cases by Special Courts.
- Offences under the Act are non-compoundable. The Bill makes all offences compoundable.
- Timeline for investigation: The Act requires the excise officer or police officer to file the investigation report within 60 days of registration of the case. The Bill relaxes this timeline to 90 days in case of offences punishable with a minimum of ten years imprisonment or death.
- Offences made compoundable: At present, all offences under the Act are non-compoundable. The Bill omits this provision, implying that offences under the Act may now be compounded. Compoundable offences are those which may be settled between parties.
- Confiscation of items: If an offence has been committed under the Act, certain items (such as intoxicants, vehicles, and premises) may be confiscated in such a manner as prescribed. The Bill provides that such items may be confiscated by the Collector (District Magistrate) or any officer authorised by him, based on the report of the investigating officer.
- Destruction of items: Under the Act, the Collector may order the sale or destruction of articles before their confiscation. This may be done if: (i) the article is subject to speedy and natural decay, is of nominal value, or can be put to misuse, or (ii) the sale would be in the public interest or for the benefit of the owner. As per the Bill, the Collector or an officer authorised by him may destroy items either without or after confiscation. Items may be destroyed if they: (i) may be misused, or (ii) are likely to endanger public safety.
- Release of seized items: The Act empowers excise officers and police officers to enter, inspect, and search any place, and seize any document, intoxicant or other items of concern, when investigating offences. The Bill adds that items or premises used for committing an offence under the Act, which have been seized by such officers, will be released (except for reasons to be recorded in writing) on payment of a penalty notified by the state government. In case of non-payment of penalty, the seized items will be confiscated.
- Externment and internment of offenders: The Act contains a chapter on externment and internment of notorious or habitual offenders. The Bill deletes this chapter.
- Production of arrested persons: The Act requires arrested persons to be produced before court within 24 hours. The Bill permits arrested persons to be produced before the Special Court, or the nearest Judicial Magistrate, either in person or through electronic video.
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